Jurisprudence / Legal Theory
This course in Jurisprudence is designed primarily, to induct students into a realm of questions concerning nature of law. Accordingly, the first part of the course sheds vivid light on various schools of law explaining, what is law, what are the purposes of law? What is the relationship between law and justice? This course aims to educate students on various legal concepts, such as, Rights, Persons, Property, Possession, Ownership, Title and Obligationand attempts to shape up a general and more comprehensive picture of each concept as a whole. This course is proposed predominantly on English model but native Indian orientation is given wherever possible with help of case laws. The course aims at developing an analytical approach to understand the na
University of Mumbai · B.L.S. Semester 8 · 4 modules · 20 topics · 20 written.
Module 1 — Module 1
Module 2 — Module 2
Module 3 — Module 3
- 3.1 Schools of Jurisprudence 3.1Natural Law School
- 3.2 Legal positivism Bentham's Utilitarian theory, Austin's Imperative/ Analytical theory, Prof. HLA Hart's Concept of Law, Hans Kelson's Pure Theory of Law
- 3.3 Law and Morality, Ancient Indian concept of Dharma
- 3.4 Historical school of law — Savigny's view, Puchta's view, Main's view
- 3.5 Sociological school of law — Roscoe Pound's Social Engineering Theory
- 3.6 Realist school of law — American Realist School The Scandinavian Realist School
- 3.7 Feminist legal theory
Module 4 — Module 4
- 4.1 Rights and Duties Meaning of Rights Characteristics of legal Rights Rights and Duties correlations
- 4.2 Persons Nature of Personality
- 4.3 Property Philosophical Theories of Property Kinds of Property
- 4.4 Possession Concept of Possession
- 4.5 Ownership Definition Characteristics of Ownership Possession and Ownership Austin's conception of Ownership Different kinds of Ownership
- 4.6 The law of Obligations The Conception of Obligation Imperfect and Perfect Obligations Simple and Solidary Obligations Sources of Obligations